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of <h1>High Court upholds Tribunal's decision on duty restrictions, affidavit admission, and cum-duty price; no substantial legal questions.</h1> The High Court affirmed the Customs, Excise and Service Tax Appellate Tribunal's decision in dismissing the appeal. The Tribunal's restrictions on duty ... Unaccounted Inputs - Whether the Tribunal was correct in restricting the demand to correspond to the production of final products that was possible from unaccounted inputs demonstrated to be received by the respondent – Held that:- Once the Tribunal had maintained the order of duty, production of final products from the unaccounted inputs demonstrated to be received on the basis of show cause notice served by the Revenue – that question does not arises for consideration – only a question of fact. Benefit of Cum duty Price - Whether the Hon'ble Tribunal is correct in allowing benefit of cumduty price when this benefit stands already given at the time of working out of duty demand at the time of issue of Show Cause Notice – Held that:- The findings recorded by the Tribunal are based upon proper appreciation of facts and do not give rise to any substantial question of law for consideration by this Court – Appeal rejected – Decided against the revenue. Issues:1. Whether the Tribunal correctly restricted the demand to correspond to the production of final products possible from unaccounted inputsRs.2. Whether the Tribunal correctly admitted the veracity of an affidavit filed by a third partyRs.3. Whether the Tribunal correctly allowed the benefit of cum-duty priceRs.Analysis:Issue 1:The appeal arose from an order by the Customs, Excise and Service Tax Appellate Tribunal, where the Tribunal found the assessee received raw-material without paying duty and restricted the duty amount based on the production of final products possible from unaccounted inputs. The Tribunal granted benefit for furnace oil and process loss. The Revenue raised a question regarding the correctness of this restriction. The High Court held that since the Tribunal based its decision on the show cause notice served by the Revenue, the question raised by the Revenue was a question of fact and did not require consideration.Issue 2:The second question raised was about the admission of the veracity of an affidavit filed by a third party. The High Court noted that the Tribunal modified the demand based on raw-material received by the assessee as per specific documents and not on the affidavit of the third party. Therefore, the High Court concluded that this question did not require consideration as the veracity of the affidavit was not the basis of the Tribunal's decision.Issue 3:Regarding the third question raised, the Tribunal found that the assessable values were not correctly calculated, and the assessee argued for the cum-duty price to be considered. The Tribunal determined the assessable value based on a uniform rate of duty at 16%. The High Court upheld the Tribunal's decision, stating that it was not a case of splitting consideration but a wrong application of assessable value. The High Court found the Tribunal's findings to be based on a proper appreciation of facts and did not raise any substantial question of law for consideration.In conclusion, the High Court dismissed the appeal, affirming the Tribunal's decision on all issues raised by both the Revenue and the assessee.
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